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15Th January 2004 Proposed Creation of Footpath

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15Th January 2004 Proposed Creation of Footpath B REPORT TO THE DEVELOPMENT CONTROL AND REGULATORY BOARD – 15TH JANUARY 2004 PROPOSED CREATION OF FOOTPATH L98 (PART) AT ISLEY WALTON REPORT OF THE CHIEF EXECUTIVE PART A PURPOSE 1. The purpose of this report is to seek the Board's approval of the above- mentioned proposal in the light of concerns raised by the Local Member. Recommendation 2. It is recommended that an Order be made under the provisions of Section 26 of the Highways Act 1980, the effect of which will be to create an extension to footpath L98 at Isley Walton, as shown on the plan attached to this report. Reason for Recommendation 3. There appears to be a need to create a section of footpath as shown on the plan attached to this report, which would add to the convenience and enjoyment of the general public when using the footpath L98. Circulation under Sensitive Issues Procedure 4. Mr. N.J. Rushton, CC. Officer to Contact 5. Mr. Gary Jackson, Chief Executive's Department, Tel 0116 2656159. PART B Background 6. The County Council has received representations from walkers who have used public footpath L98, pointing out that the official route of the footpath does not join up with the road at Walton Hill (A453) at Isley Walton, as shown on the plan attached to this report. 7. Consequently this proposal is being processed under the provisions of Section 26 of the Highways Act 1980. Legal Considerations 8. Although the owners of the land over which the proposed footpath crosses could agree to enter into a Creation Agreement with the County Council under the provisions of Section 25 of the Highways Act 1980, the landowners are in this case strongly opposed to the proposal. Under the provisions of Section 26 of the Highways Act 1980, the County Council has the power to create new public rights of way by a Creation Order. Such Orders can be made without the agreement of the landowners concerned but in such cases compensation may be required. When applying Section 26 of the Highways Act 1980, the Authority should have regard to the following:- • The extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area. • The effect which the creation of the path or way would have on the rights of persons interested in the land. Comments of the Director of Community Services 9. The Director has stated that the formal designation of the driveway to Manor Farm as a public footpath would, in his view, form an integral part of the comprehensive network of rights of way within the area to the south of Isley Walton. It would afford walkers approaching from the direction of Melbourne or Wilson to the north west, the opportunity to enjoy a circular walk around Langley Priory passing through the villages of Tonge and Breedon on the Hill and would also enable the network to be more easily accessible as part of a long distance route, avoiding the use of the busy A453 road. Since the driveway is signposted as a route to the Church, it is already likely to carry a small volume of pedestrian traffic. Survey of the Proposed and Existing Footpath (Survey Document No. 1) 10. The footpath was surveyed on 2nd October 2002 and the details recorded on a survey plan. A copy of the survey document is available for inspection in the Members' Rooms and the Members' Library. Consultations 11. The following parties have been consulted and have made no objection: North West Leicestershire District Council The Ramblers' Association This Association has stated that it has no objection to the proposal, but is unable to supply further supporting evidence. Also, as far as it is aware, has never encountered any problems in using the proposed route as a means of gaining access to and from the existing footpath. Leicestershire Footpath Association This Association has stated that it had no record of its members walking this particular path in recent times and was unable to offer any evidence of use. However, it considers that the addition of the footpath seemed to be in the best interests of walkers and would support the proposal. Environment Agency Fisher German Chartered Surveyors (acting for ESSO Petroleum Co. Ltd. and Mainline Pipelines Ltd.) British Telecommunications Plc Transco Plc East Midlands Electricity Severn Trent Water Ltd. The National Grid Company Plc N.T.L. 12. The following parties have also been consulted but no reply has been received: The Leicestershire and Rutland Land Rover Club The British Horse Society Energis Communication Limited Byways and Bridleways Trust Loughborough and District CHA Rambling Club The Royal Mail Powergen Property Department The Occupier, 1 Ivy Cottages, Isley Walton Mr. B.W. Ellis, 2 Ivy Cottages, Isley Walton The Occupier, 1 Stone Houses, Isley Walton Mr. C.A. Harris, 2 Stone Houses, Isley Walton Mr. J.D. Carter, Isley Walton Manor, Isley Walton Objections 13. The following objections have been received: Isley Walton - cum - Langley Parish Meeting (Objection Document No. 2) J.N. Spalton and Son of Manor Farm, Isley Walton (Objection Document No. 3) Mather Jamie, Chartered Surveyors - acting for Mrs. A. Shields of Walton House, Isley Walton (Objection Document No. 4) Copies of the objection documents are available for inspection in the Members' Rooms and the Members' Library. Conclusions 14. A close scrutiny of the Definitive Map reveals that footpath L98 has been shown passing through the farmyard of Manor Farm and terminating at the southern access gate to Manor House, since the route was originally added in 1952. As a consequence the owners of the farm, J.N. Spalton and Son, already have responsibilities towards the safety of pedestrians whilst passing through the curtilage of the farm. Having regard to the above, the comments contained in the first paragraph of the Parish Meeting's letter (Objection Document No. 2), the penultimate paragraph of the letter received from Messrs. Mather Jamie (Objection Document No. 4) and the entire contents of the letter from Messrs. Spalton (Objection Document No. 3), are not regarded as relevant. The absence of a formal public right of way on foot adjacent to the properties located between Manor Farm and Walton Hill, is unlikely to have any influence upon individuals whose intentions are to indulge in criminal activities. I would also suggest that members of the public making lawful use of the footpath, are unlikely to impinge significantly upon the privacy of the occupiers of those properties. Footpath L98 is the only path which enters the community of Isley Walton and the absence of a formal connection to another public highway at its northern end, isolates it from the remainder of the rights of way network. As a consequence, pedestrians approaching Isley Walton from the direction of Wilson or Melbourne and wishing to continue towards Langley Priory, Tonge, Diseworth and Breedon on the Hill, are currently officially required to walk alongside the busy A453 road for a distance of approximately 1 kilometre, in order to join existing footpath L89 to the east of Isley Walton. The path proposed to be created would enable the rights of way network to be more easily accessible from Isley Walton and would be more conducive to public safety than having to walk adjacent to the A453 road. The track referred to in the penultimate paragraph of the Parish Meeting's letter (Objection Document No. 2), which extends between High Barn Farm and the A453 road opposite "the White House" is not recorded as forming part of the public highway. In the circumstances, use of that route by members of the public would be with the permission of the landowner concerned. Its junction with the A453 road is similarly isolated from the remainder of the rights of way network and would necessitate pedestrians walking alongside the busy road. I take the view that the creation of a footpath over the land at Isley Walton, would form an integral part of the comprehensive network of rights of way within the area to the south of the village. It would be of significant benefit to the general public and would satisfy the criteria contained in Section 26 of the Highways Act 1980. Equal Opportunities Implications 15. None. Background Papers 16. Correspondence on file PTEPO/639 GJ369LR DEVELOPMENT CONTROL AND REGULATORY BOARD - 15TH JANUARY 2004 PROPOSED CREATION OF FOOTPATH L98 (PART) AT ISLEY WALTON DOCUMENTS ATTACHED SURVEY - DOCUMENT NO.1 OBJECTIONS - DOCUMENTS NOS. 2 TO 4 .
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